>> good morning. i am heather childers. >> i am patti ann browne. >> it is tuesday, april 23rdrd. >> we are learn whatting may have influenced the bombers to carry out the deadly attack. it appears religious extremism is the likely motive. >> it does not appear they were involved with any islamic terrorist organization. we are live in washington with

the latest. >> we now know at his bedside dzhokhar tsarnaev now has the right to remain silent. he will be tried in civilian court and will not be categorized as an enemy combatant which would have given them ability to interrogate him more. >> this is decided by the department of justice and attorney general. the whole national security team support this is decision. there is not an alternative for a u.s. citizen to be tried in military commission. >> some gain it as an impediment to gaining more ginls. >> i don't want to use the information against him in court. i want to collect information about future terrorist activity.

we have every right to question him apart from the criminal justice system. >> investigators are toming through tamerlan's trip in the caucus region. investigators continue to probe hospit links to islamist groups including the caucuses em rit. >> those are fighting in syria iraq pakistan and afghanistan. in 2007 a guy threatened the united states of america directly. >> some believe despite yesterday's reading of his miranda rights the federal government still holds swooifr the younger tsarnaev. negotiate ago plea deal under which he would cooperate with

authorities in exchange for sparing his life remains an option. the wife of the dead boston bombing suspect found out her husband and brother in law were the accused bomber the same way all americans did on tv. her lawyer claims she suspected nothing this as they ask another question was tamerlan tsarnaev involved in a 2009 triple murder. molly, we also hear that there is good news today about the victim. >> good morning, heather. two in critical condition. doctors are telling us everyone now in the hospital are expect to do survive. there were 14 patients that lost lefshs. boston medical center say many are up and walking and they are

preparing for a massive exodus as they call it to rehab. many recoveries underway. investigators are looking to speak with suspect number one's wife tamerlan tsarnaev was married to katherine russell tsarnaev. they met in college in 2010 and sometime around that time converted to islam. investigators would like to speak with her. they referred to the bombing she knew nothing about it at any time. there is no word on if or when she will speak with investigators. they are looking at a pizza cbi link to a murder, a triple murder. three men in their 20s were discovered with their throats slit marijuana on their bodies and thousands of dollars of cash

left behind. tamerlan was friends with one of the victims. this happened 10 years after the september 11th attack. >> that september 11th date keeps cop poping up in conjunction with the story. thank you so much, molly. time now for the top 5@5:00. the top five stories this hour. two men accused in a disturbing terror plot will be arraigned in chicago. the two planned to blow up a bridge in toronto while a passenger train traveling from new york passed by. police say the men had direct guidance from al qaeda. >> the individuals were receiving sport from al qaeda elements located in iran. now i can tell you there is no information to indicate that these attacks were state

sponsored. >> the u.s. officials insist there is no eminent threat to the public. iran is denying any link. >> fliers need to leave their knives at home. delaying a plan that would allow passengers to carry small knives bats and other sporting equipment. it drew widespread outrage, critics including airlines and law americas said it would make flying more dangerous. the tsa says the delay is temporary. you may also remember box cutters were used by some of the 9-11 hijackers. police are releasing details in washington state that left five dead. a man killed his live in girlfriend and went on a killing spree killing 3 others before being shot and killed by police. a 62-year-old neighbor called 911. he had a valid concealed weapon

and no history of violence. the treasury department saying it over paid 25 percent of the low income tax credits in 2012. the credit is calculated on income and family size and allows low income working families and vined you'lls to pay less in federal taxes will receive a refund. ritchie haven the legendary folk singer the first act to hit the stage atwood stock h-- at wk has died. ♪ >> best known for improvising that song freedom at the 1969 festival. he died of a heart attack. he was 72 years old. >> now an extreme weather lart. severe flooding to blame for deaths in the midwest.

heavy rains caused lakes and rivers to overflow their banks. >> there is more bad news. more rain and snow could cause problems today and tomorrow. let's go to maria molina for an extreme weather look. >> good to see you. we have another storm system that will be dumping more rain and snow across sections of the midwestism pacting places like indiana, illinois even into sections of missouri. i want to start out with the temperatures. producing that precipitation is bringing in record cold temperatures early this morning across sections of the plains. 14 in sue faioux falls and extr cold still gripping sections of the plains and as far as the high temperatures not that much

warmer only 34 for the high in denver 43 in kansas city. parts of texas were in the 80s. today in dallas we are going to make it in the 60s. we are still going to have flood warnings across illinois, indiana and advisory as well that has been issued as far south as mississippi. we are expecting water levels to continue to rise as we head into the next couple of days even into the month of may. several days of ongoing flooding. patti ann and heather quick move of the snow through the plains as well. yesterday we told you how you could be facing more delays at the airport because of the tsa furloughs. if that isn't bad enough you may also be stuck on the tarmac even longer. lauren simonetti on the fox business network joins us with bad news. really, longer, longer waits on the tarmac? >> possible options for

travelers now that it is day three of the faa furloughs longer airport wait time, longer tarmac wait time perhaps canceled flights all together. now they have filed a motion to place a moratorium on the rule saying airlines cannot let passengers remain on the tarmac for more than 3 hours. the motion notes 6700 flights will be delayed daily at 13 of the busiest airports now that the furloughs have started f. you add bad weather on ton of that it could get pretty ugly. if the tarmac rule does stay in place airlines may be forced to cancel flights and significantly disrupt travel plans. because they don't have the appropriate staff to go deal with the travel disruption. >> they are telling passengers there's always the bus. >> college, is it worth it or not worth it? >> there is a growing number of people saying it's not worth it.

no longer guarantees success. even a good enough job where you make enough money to pay back your student loan. the average college grad is graduating with 28,000 in debt. that's why some high school grads are starting their own businesses working for free at companies to get experience. then they are flying out to these major conferences to better network instead of going to college. unemployment for a bachelor degree holder is pretty bad more than 12 percent. it is much worse if you graduated high school at 34 percent. critics say college degree might not get you you first job may not get you your second job but can get you your 3rd, 4th and 59 job. lauren simonetti joining us. joining us. coming up they are the ones who handcuffed the most wanted man in america. >> it is not clear yet.

it's not over. still have no idea if the boat was rigged with explosives. he could have done anything. >> those brave sters share the story of the boston bombing suspect rays. >> now a facebook page shut down. why won't facebook give the owner a reason as to why. we will talk about that. first as we go to break a look at the gas prices. $3.52 a gallon. that is unchanged from yesterday. ster>>

while many questions remain we are learn newing details about the night they were captured in the heat of all of this action. >> four members of the transit

police swat team who handcuffed number two are now speaking out. >> at the time the training kicks in you don't have emotion going into something like that. we know we have to get it out. with whe when he was first in the boat we knew he was laying down. he sat back up. we moved and pulled him down and put the cuffs on him. >> the same men who more than a week ago rushed in to help the victims after the first bomb exploded near the marathon finish line. while they did not know what to expect as they approached that boat in instances like this they revert back to their training. >> you really don't have time to be afraid. you sit down and watch the news and we haven't had a chance to rest yet. we are still operating at a heightened level. >> we are hearing from the unidentified man that the two

brothers are accused of attacking them. did you hear about the bombing? i did that. he let him go because he wasn't american. the days of tax free on line shopping might be coming to an end. the senate moving heyed with the bill that would give states the authority to collect taxes on all internet sales. a final vote is expected next month. p pot party years left behind a huge mess at tax payer expense. park workers had to clean up garbage thrown all over the place. the tab more than 10,000 dollars. could the city of brotherly love be the next olympic game post? the city is explore ago bid to host the 2024 games. the u.s. olympic committee will decide over the next four queer whethers to host it next. the boston bombing suspect has

been charged. the prosecutors face a lot of challenges. criminal defense attorney arthur aidala weighs in next. >> the fight to home school their children heads to court today. this is about more than an education. it's a battle in america. stay tuned. [ tires screech ] [ beeping ] ♪ [ male announcer ] we don't just certify our pre-owned vehicles. we inspect, analyze and recondition each one, until it's nothing short of a genuine certified pre-owned... mercedes-benz for the next new owner. ♪ hurry in to your authorized mercedes-benz dealer for 1.99% financing during our certified pre-owned sales event through april 30th. pre-owned sales event try running four.ning a restaurant is hard,

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>> two facebook pages promoting a gun give away has been shut down. the man running the ar 15 assault rifle contest is outraged. the owner of the tact kel

firearms is trying to raise awareness about second amendment rights. those accused of being part of a plot for signatures of obama and clinton in 2008 campaign has beg begun. the former elections worker and democratic official both face multiple charges for faking petitions that helped them qualify for the presidential race in the state. patti ann? >> thank you, heather. the 19-year-old boston bombing suspect has been charged with using a weapons of mass destruction and malicious destruction of property. here now to breakdown the charges is criminal defense attorney arthur aidala. >> the article in the boston haro herald introduces attorneys saying it seems cut and dry but there are a lot of problems with this case. first of all the guy is 19 has

no criminal record. people say he was influenced his older brother it may help him get a lighter sentence. he was mir ran diessed. are there holes in the case? >> it is a little stretch to say there's a hole in the case. don't be surprised if they ask for a change of venue. timothy mcveigh did it with the oklahoma bombing. if it says it is wrong that city has been rocked in a way new york city was rocked. i believe we are going to see swift justice here. all of those factors you mentioned has to do with the death penalty phase. they don't have to do with his liability did he do this or didn't he do this? i think it will be shown rather easily he did do this. we have video, audio all of this

technical stuff. dna scientific stuff. it's not if he did it, it's what should be punishment be? >> in the rel of possibilities it is unanimous. if he gets life in prison without paw tlooels not exactly a gift for a 19-year-old to spend federal life without parole on a case like this he would wind up in marion, illinois in the 20 story under ground in solitary confinement. let me tell you something, that is a vicious way to spend the rest of your life when you are 19 years old. >> some are arguing he might prefer the death penalty, try to martyr himself or try to get out of spending life in prison. >> rationally thinking much

rather lay on a gern me ha gurn have a needle put in and fall to sleep rather than years in solitary confinement. >> what about not having miranda rights read right off the top? >> a supreme court case in 84 you are allowed to do this in limited circumstances. i believe this would fit into the limited circumstances. as a country we have decided yes the right to have your rights read are extreme. there are times the rights of the rest of the country are superior to the rights of the individuals. >> arthur aidala thank you for joining us. 25 after the hour. still to come the government invested 200 million of your tax dollars in an electric car company to have it fail. they are getting their money back but not all of it.

reese witherspoon arrested and booked. now we are getting a first look at the star in cuffs. first on this day in history in 1985 coca-cola introduced new coke. remember that? the formula was considered a failure and coca-cola classic returned less than three months later. ♪ [ male announcer ] just when you thought you had experienced performance a new ride comes along and changes everything. the 2013 lexus gs. this is the pursuit of perfection. and didn't know where to start. used a contractor before at angie's list, you'll find reviews on everything from home repair to healthcare written by people just like you. no company can pay to be on angie's list, so you can trust what you're reading. angie's list is like having thousands of close neighbors where i can go ask for personal recommendations. that's the idea. before you have any work done, check angie's list.

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>> good morning. welcome to "fox & friends first". >> i am patti ann browne. >> i am heather cheryleds. we are learning details about what may have motivated the boston bombers to carry out the deadly terror attack. authorities say it appears religious extremism influence them after a bedside interrogation of tsarnaev. >> kelly wright has more for us. >> patti ann, good morning to you as well. there are learning more about the suspects in the bombings. dzhokhar tsarnaev is charged with a crime that could bring the death penalty. it includes using a weapons of mass destruction to kill he and his older brother tamerlan who

is dead are accused of setting off two pressure cooker bombs. it shows the tsarnaev brothers walked into the street together each with an explosion in their backpack one heading toward the finish line the other toward the restaurant the site of the second explosion. killing 3 people and wounding more than 200. >> this is a matter decided by the department of justice and the attorney general. the whole national security team supports this decision. let's be clear. there is not an alternative for a u.s. citizen to be tried in a military commission. jay carney referring to the fact that the younger dzhokhar tsarnaev has been mir ran died. they were chechen they move to do america 4 years ago and they are looking at what motivated them to carry out such a violent

attack from i am tear gageses are the 19-year-old dzhokhar pointing out how russia informed the fbi that older brother tamerlan was a radical islamist with possible ties to militant groups. >> from august of 2012 up until the incident it was clearly found that this guy was becoming more dangerous. how did we miss that? it seems to me the system failed more than the fbi and if that's true we need to fix the system. >> senator diane fine stein who is the chair of the senate intelligence committee is holding a congressional hearings on what the fbi may have known about the older tsarnaev. >> the wife of the dead boston bombing suspect says she found out her husband and brother in law were the accused bombers the way many americans did on tv.

katherine russell's lawyer claiming she suspected nothing this as investigators are asking another question, was tamerlan tsarnaev involved in a triple murder in 2011? molly line is outside the hospital with this. there is good news today about the victims? >> they are reporting the people that remain hospitalized across the city of boston two in critical condition but doctors believe everyone is expected to survive. there are over a dozen patients that lost limbs over the course of these blasts and many of the patients were up and walking according to doctors at boston medical center. they are preparing for a mass exodus to rehab. they spoke to suspect number one's wife. tamerlan tsarnaev was married to

katherine russell tsarnaev met cammer lan while they were both in college married him in 2010 and at some point she converted to islam. rae ferring to the bombing, she said she knew nothing about it at any time. there is no word on when or if she will be speaking with investigators. investigators are looking into a bizarre link tamerlan may have been involved in a triple murder that shocked a city next to watertown where the manhunt and lock down centered. three men in their 20s and 30s were discovered with their throats slit marijuana scattered over their bodies and thousands of dollars of tash left behind. h tamerlan was friends with one of the victims in the case. this murder occurred on december 11th, 2011, 10 years after the september 11th attacks. patti ann? >> molly line live for us in boston, thank you. time for your 5@5:30.

those are the top five stories making news at this hour. in a few hours two men accused in a disturbing terror plot will be arraigned in toronto. canadian authorities say that the two men planned to build up -- blow up a bridge when a passenger plane traveling from new york passed by. they had direction and guidance from al qaeda. >> the individuals were receiving support from al qaeda elements located in iran. now i can tell you that there is no information to indicate that these aat thtacks were state sponsored. >> canadian and u.s. officials insist there was noeminent threat to the public. >> they are a christian family who came to america from germany seeking asylum from a law that prohibits home schooling. they fight deportation.

they came here in 2006 but the justice department reversed a judge's ruling that home schooling was grounds to seek citizenship. the family is represented by the home school delegal defense association. they will argue on their behalf today. stick around you will be live on fox and friends to talk about this case. it is another time that tax payer backed if is cfiskar auto is in trouble because of the lek kick c electric car america. if fisker had $21 million of loans but the loans were frozen in 2011 amid a series of problems. weeks ago fisker laid off 75 percent of the workers. he resigned in disgrace after sending explicit photos and messages to women on-line. former new york congressman

anthony weiner has returned to the same social networking site that ruined his career two years ago. wiener starting a new twitter page as he considers a return to politics possibly a run as new york city mayor. >> special honor one of our nation's heros michael nicholson got to throw out the first ceremonial pitch at the tampa bay ray's game last night. it was a perfect strike which brought the fans in the stand to their feet. the marine says it was an amazing night. >> words can't describe it. felt awesome. felt great. >> it is a transition to the next chapter in my life. i am real licks sited. >> the marine lost both of his legs during an ied attack in 2011 while serving afghanistan. that is your 5@that:30. >> you saw the mug shot. now fox news has brand new video of actress reese witherspoon under arrest.

waga reporter has the latest from atlanta. >> take a look at this video obtained exclusively by fox 5 of reese witherspoon and cuffs behind her back getting out of the state trooper's car. the trooper then uncuffs her and walks her into the atlanta city jail where she is booked on charges of disorderly conduct. it's a dramatic role reversal from the fresh faced perky oscar winning actress we have seen on screen. she was driven by her husband jim pope when he was pulled over on suspicion of drunk driving. the state trooper conducted a field sobriety test on mr. totes in this sobriety test. witherspoon kept getting out. she yelled out a few things that are now more famous than any lines in her movies. the reports said she asked the

trooper do you know my name? later said you are about to find out who i am. witherspoon was in new york sunday at the red carpet at the premiere of her new movie "mud." released a statement saying i clearly had one drink too many and i am deeply embarrassed about the things i said. it was definitely a scary situation and i was frightened for my husband but that's no excuse. i was disrespectful to the officer who was doing his job. monday her mother filled in for her in court. they have been filming a movie "the good lie." no one imaged the video people would be watching would be of the star being led into the atlanta city jail. in the wake of her arrest reese witherspoon canceled a scheduled appearance tonight on jimmy fallon. >> critics s -- severe flooding

being blamed for three deaths in the midwest. heavy rains and melting snow caused the rivers and lakes to overflow their banks. >> the region is bracing for more wet weather itoday. >> good morning everyone. we do have another storm system that will be impacting the area as we head into the day today. we are talking anywhere between 1-2 inches of rain. nothing too significant in terms of water content with this next storm system. that's not what we want to hear. we have flooding ongoing here. we are expecting rivers to continue to rise and expecting more rain. from michigan to parts of illinois and indiana and as far south as parts of mississippi and louisiana. we are tracking water levels along the mississippi live that could continue to rise and could be dealing with flooding as we head into the month of may. we have several days to go or even weeks for some of you in terms of flyour flooding.

producing areas of heavy rain across missouri and eastern can at thats -- kansas. sections of the plains official warnings are in effect out here and behind this storm system heather patti ann it is very cold. some waking up to record cold temperatures in sections of the plains current temperature right now 14 degrees in rapid city 21 in the city of denver. >> maria molina, thank you. the time is 41 after the top of the hour. coming up the explosion rocked an entire town. >> windows everything it sounded like a bomb. i am looking outside there is like a fire. i don't know what is going on. >> we are hearing the tear fying calls for help seconds after that deadly texas blast. >> move over big gulf. mayor bloomberg has a new target

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>> 15 until the top of the hour. libya, france's em bass lee in tripoly rocked a car bomb attack. it is the first attack in libya's capital since they ousted moammar khaddafy out of

power. marked with a traditional gun salute. this year is an eventful one for the monarch. she will celebrate the 60th anniversary in june. to argentina, a concert goer there capturing the incredible moment of meteor exploding. at first they thought someone through a flair into the sky. a week after the mass i have explosion at a fertilizer plant in texas we are getting a sense of the total fear that residents felt that night. newly released 911 calls c capturing the panic in their voices. >> when the first call came in it was just a fire it was smoke rising in the sky. within 20 minutes a major explosion rocked the town of west texas and the frantic calls came flooding in. >> our windows everything it

sounded like a bomb. i am looking outside >> that one came into 911 last wednesday night. the blast wiped out as many as 37 blocks of the town. some of the hundreds of people who were forced from their homes have now been allowed to return. from the outside some homes appear unscathed but on the inside it tells a different story. >> looks like nothing is wrong then all of the ceilings are down all of the insulation just everything. >> the devastated town now trying to pick up the pieces. students made their way to school as some reopened for the first time since the deadly explosion. >> i am just glad to get back to our routine and see all of my friends, because i miss them a lot. >> investigators are trying to

determine what actually started the fire inside the fertilizer plant thursday. a memorial service is planned for the victims. president obama and first lady michelle plan to travel to texas to attend. >> people that lost their thank you so much, lauren. the time now is almost 10 minutes until the top of the hour. coming up, everyone would like an extra $150s in your pocket, wouldn't you? you may be saying good-bye to the extra cash next year. we will explain. >> do you want to go to mars? now you can. it's a one-way ticket. let's check in with ryan kilmeade who is coming up on fox and friends. hey. >> looks fantastic flat like nevada. >> and red. >> about $150 i will lend it to you in a while. up ahead we are going to talk about the five companies that are hiring right now.

the doctor is a surgeon he works with robotrobots. he will talk to the future of robotic surgery. the stars of farm kids and after two knee operations he will go in the first round. brook burns today. back in a moment. neil and buzz: for teaching us that you can't create the future... by clinging to the past. and with that: you're history. instead of looking behind... delta is looking beyond. 80 thousand of us investing billions... in everything from the best experiences below... to the finest comforts above. we're not simply saluting history... we're making it. ♪ ♪

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>> the nanny comblier at it again. this time he wants to raise the smoking age to 21. the bill has the backing of mayor michael bloomberg would make the big apple the first big city to set the new age limit. right now you have to be 18 to buy a pack of cigarettes.

>> the dutch have an out of this world offer they will fly you to mars for free. there's a catch. there's a one-way ticket. 10,000 people have applied for the 2022 michigan. mars 1 wants to establish a permanent human colony on the red planet. what do you think? >> i will wait for the next one. you? >> with a return flight, i will wait. >> all right. the president promised only high income earners would see their taxes go up. in a new report says every income level would pay more. diane macedo has the number for us. >> while the president's budget would mainly raise taxes on those earning 200,000 dollars or more a year a study finds that in 2015 under his budget nearly all taxpayers would be paying more taxes. according to that study 86 percent of the increases would come from people earning 200,000

a year due largely to scaling back tax breaks and disproportionate tax breaks and minimum level of taxation for people who earn 1 million or more a year. some earning between 100,000 and 200,000 a year would pay 150 more in taxes some earning less than 100,000 a year would pay up to 100 in additional taxes. that is due to doubling taxes of adjustments to the personal tax deduction and income threshold for different tax brackets. as for the high ir income earners he would have the average person earning 200,000 and 500,000 a year pay more than 2200 more a year while millionaires would pay more than 82,000 more on average. keep in mind those same people were already hit by an income tax increase at the beginning of the year. you can find that study on tax

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i downloaded the info. i spoke up... and told my friends... and they told their friends... and together, we made a difference. anncr: and tornado relief has been pouring in from... across the country. girl: we might be hundreds of miles apart... but because we're connected, it's like we're all neighbors.

>> two minutes till the top of the hour. before you leave the house, here's what's happening.

the senate intelligence committee is holding a hearing on russia's connection to the boston bombing suspect, tamerlan tsarnaev and what the f.b.i. knew about it. >> an appeals court will hear arguments in the deportation case of the devout christian family which fled germany so it could home school its children. >> time for good, bad and the good, the bad, and the ugly. one week after the terrorist attack the f.b.i. turned boylston street back over to boston. message boards will be set up for people to record their reflections. the bad: an illinois school bus driver caught on camera speeding through flooded streets. the driver has been suspended. >> the ugly, a driver gets loose at a circus and hides out in the bathroom. imagine the surpris